Rivera-Arreaga

MEMORANDUM **

Axel Garado Rivera-Arreaga appeals from the 70-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United *568 States in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Rivera-Arreaga contends that, under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), the district court was precluded from applying a 16-level upward adjustment under U.S.S.G. § 2L1.2(b)(l)(D), because he did not admit the date of his removal and it was not proven to a jury beyond a reasonable doubt. We hold that any such error was harmless beyond a reasonable doubt. See United States v. Zepeda-Martinez, 470 F.3d 909, 913-14 (9th Cir.2006).

Rivera-Arreaga also contends that the district court erred in sentencing him above the statutory maximum term of two years based on a prior conviction that was not admitted or found beyond a reasonable doubt. He contends that Almendarez- Torres v. United States, 523 U.S. 224, 226 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), is no longer good law. We reject this contention. See United States v. Martinez-Rodriguez, 472 F.3d 1087, 1092-93 (9th…